In re Marriage of Havens

PRESIDING JUSTICE STOUDER,

dissenting:

Because I find Georgia Havens’ rights to due process were violated in the instant case, I dissent. In cases of indirect civil contempt a defendant is entitled to an evidentiary hearing on the contempt charge. (In re Estate of Shlensky (1977), 49 Ill. App. 3d 885, 364 N.E.2d 430.) At the same time, civil contempt proceedings do not require that a defendant be personally present. (Comet Casualty Co. v. Schneider (1981), 98 Ill. App. 3d 786, 424 N.E.2d 911.) Georgia appeared by her attorney. There was no question that she had submitted herself to the in…